Terms of Use

Empara Privacy Policy (10.12.23)

Please read these Terms of Use carefully before using the Empara Health app by Empara LLC (“Company”, “we” or “us”), a mobile application and web application made available by Empara, LLC dba Empara (“Empara”, or the “Platform”). These Terms of Use (“Terms of Use”) apply to, and govern, your access to and use of the Service (defined below), as well as any executed ordering document (such as a Proposal, Quote, Order Form, Sales Order, SOW, or Order) to which these Terms of Use attached, hyperlinked, or otherwise incorporated by reference (the “Order”). By clicking “I agree” or “Accept” (or other similar button), placing an Order, or otherwise accessing or using the Service, you are agreeing to these Terms of Use. Please review these carefully and note that you are entering into a legally binding agreement with us. The Services include information about personal insurance coverage and overall information about health and wellness benefits, designed to offer decision support to you regarding insurance options. The purpose of this Service is to provide you with general information and support, assisting you in making informed choices.

 

Please keep in mind that these Terms of Use apply to Empara only. It does not apply to any third-party websites, apps, or platforms that you may have used to find, download, or access Empara. It also does not apply to any websites or apps linked to or from Empara.

 

1. Using Empara

a. Who may access Empara. You may access Empara only if you are a registered user (a “Registrant”). To apply to be a Registrant, subject to the requirements in paragraphs b. and c. below, you will be required to generate an account by submitting the information requested in the applicable online form or Platform interface (“Account”). We may approve or deny your request to register in our sole discretion. We may also suspend, block, or terminate your access to Empara if we deem such suspension, block, or termination is necessary as a result of your breach or suspected breach of these Terms of Use. You shall be solely responsible and liable for maintaining the confidentiality and security of your Account credentials, as well as for all activities that occur under or in your Account. You shall immediately notify us in writing of any unauthorized access to, or use of, your Account, or any other breach of security.

 

b. Registrant requirements – Location. You must be located in the United States to be a Registrant. Although Empara is accessible worldwide, it is not necessarily appropriate for use outside the United States. Empara and your registration are void where prohibited. If you choose to access Empara from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

 

c. Registrant requirements – Age. To request to be a Registrant, you must be 18 years of age or older.

 

d. Account. Upon approval as a Registrant, and subject to these Terms of Use, we grant you permission and a limited, non-exclusive, non-transferable, non-sublicensable and revocable license, during the Subscription Term to access and use the Services (collectively, the “Subscription License“).

 

e. Registrant Obligations. When a Registrant creates the Account with us, he or she must provide us with accurate and complete information and agree to not sell, transfer, license or assign the Account, user name, or any Account rights to any third-party. You shall ensure that all information submitted during the registration process is, and will thereafter remain, complete and accurate.

 

f. Usage Statistics. For the avoidance of doubt, you acknowledge and agree that we (alone and/or together with our affiliates and service providers) may generate and commercially exploit Usage Statistics, as well as use Your Content for the purpose of enhancing the Service, and nothing in these Terms of Use shall be deemed to prohibit or otherwise limit such activities. “Usage Statistics” means any data, reporting, suggestions, analyses, and/or intelligence relating to the operation, support, and/or your use, of the Service.

 

g. Availability. Empara may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability.

 

2. Acceptable Use

Empara has established certain basic requirements for the use of our Platform and we require you to adhere to them. The purpose of these requirements is to set forth how you may use Empara and certain behavior and actions that are prohibited. When using Empara, you are not allowed to upload or share anything that:

  • Is sexually explicit or pornographic, creates a genuine risk of physical injury or property damage, or promotes self-harm or drug abuse

  • Attacks, bullies or harasses or includes hate-speech

  • Infringes anyone’s intellectual property, privacy or other rights

  • Is fraudulent or deceptive Contains any information or content that is illegal or knowingly false

Further, you are not allowed to:

  • Share your log-in credentials (i.e. user name and password) with any third-party;

  • Provide access to Empara to third parties, such as by allowing third parties to view the information contained within Empara;

  • Upload information about an individual when you do not have authorization or permission to do so;

  • Access, tamper with or use non-public areas of Empara, our systems or our technical providers’ systems;

  • Break or circumvent our security measures or otherwise test the vulnerability of our systems or networks;

  • Use any undocumented or unsupported method to access, search, scrape, download or change Empara or anything on it;

  • Try to reverse engineer any of our software;

  • Try to interfere with any other Registrant;

  • Do anything that violates applicable law or regulations; and

  • Encourage or help anyone do any of the things on this list.

 

3. Privacy and Security

a. General. Empara is a platform that permits Registrants to upload their information to the platform in order to receive the services. You hereby agree and understand that the information that you will provide Empara platform is provided voluntarily. Other than information required to register for Empara, you are in control of what personal information, if any, is uploaded and shared by you through Empara and, to the maximum extent permitted by law, you are responsible for the information uploaded to Empara. Nothing in these Terms of Use are intended to limit in any way your statutory right, including your rights to a remedy or means of enforcement.

 

b. Privacy Policy. Use of Empara is subject to our privacy policy available here https://www.empara.io/privacy-policy. If you have any questions, please contact us at support@Empara.io.

 

c. SMS Terms. We may send SMS messages to our users, visitors and/or customers. We will do so after you consent to receive such SMS. You can decide stop receiving the SMS by replying “STOP” or by following the “unsubscribe” link embedded in each SMS, after you do so, we will confirm that you have been unsubscribed. You can sign up again to receive our SMS by registering in our website. Message rates may apply for any messages you send us. Message frequency may vary. If you have any questions about your SMS/text plan or data plan, we encourage you to contact your phone carrier. If you have any questions regarding privacy, please read our privacy policy https://www.empara.io/privacy-policy.

d. Security. We care about the security of our Registrants. While we work to protect the security of Your Content and Account, Empara cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your Account.

4. Content Ownership

a. Uploading and sharing content. Empara allows you to provide certain content and information to us, including when you correspond with us or complete forms on Empara. Anything that you upload or otherwise make available on Empara is referred to as “Your Content.” You retain all rights in, and are solely responsible for, Your Content. You are solely responsible for obtaining any and all consents or permissions to upload or make available Your Content and have sole responsibility for complying with any and all laws regarding Your Content. Once you elect to share Your Content through Empara, it cannot always be withdrawn or returned to you.

 

b. How we can use Your Content. You grant Empara a nonexclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute Your Content on the Platform for the purposes of operating, developing, providing, and using the Platform. Nothing in these Terms of Use shall restrict other legal rights Empara may have to Your Content. We reserve the right to remove or modify Your Content for any reason, including when we believe it violates these Terms of Use. Company and its affiliates may, from their own systems, monitor (and collect data and information regarding) your use of the Service to ensure quality, improve Company’s products and services, and ensure compliance with these Terms of Use. You shall not interfere with this monitoring, and Company may use any technical means to overcome such interference.

 

c. How long we keep Your Content. Except as set forth in our privacy policy, following termination or deactivation of your Account, or if you remove any of Your Content from Empara, we may retain Your Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Empara may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of Your Content.

 

d. Suggestions you provide. If You send us any suggestions, feedback, or similar ideas for or about the Platform or any other any services and materials that we provide (collectively, “Suggestions”), You agree that: (a) we exclusively own all right, title, and interest (including without limitation all IP Rights (as defined below)) in and to the Suggestions, and You are not owed any compensation in exchange; (b) the Suggestions does not contain confidential or proprietary information belonging to You or any third-party; (c) we may (ourselves and/or via third parties), in perpetuity, use, copy, distribute, sell, create derivative works of, and otherwise commercially exploit the Suggestions for any purpose and in any way, and without any restriction or obligations of any kind whatsoever; (d) there is no obligation for us to review Your Suggestions; and (e) we have no obligation to keep the Suggestions confidential.

 

e. Intellectual Property and Empara Content. As between You and Empara, we own the “Empara Content,” which includes but is not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of Your Content and other Empara Content, computer code, products, software, and all other elements and components of Empara excluding any third-party content. Company (or its licensors, as applicable) is and shall be the sole and exclusive owner of all right, title and interest (including without limitation all Intellectual Property Rights (as defined below)) in and to: (i) the Platform and all related services that we provide (the “Services”) (and all underlying intellectual property), (ii) any data, reporting, suggestions, analyses, and/or intelligence relating to the operation, support, and/or your use, of the Services, (iii) any Suggestions, and (iv) and all related concepts, technical know-how, and all modifications, customizations, revisions, bug fixes, enhancements, improvements and derivative works of the foregoing, as well as any other intellectual property conceived, authored, or otherwise developed pursuant to these Terms of Use, in each case regardless of inventorship or authorship (collectively, the “Derivative Works”). Any rights not expressly granted herein are hereby reserved by Company and its licensors, and, except for the expressed limited Subscription License granted hereunder, You are granted no other right or license in or to the Services, whether by implied license, estoppel, exhaustion, operation of law, or otherwise. To the extent it shall be determined that You have any right in connection with the Services or Derivative Works other than the limited specific license hereunder, You hereby irrevocably: (i) assign to Company any right, title and interest, whether now existing or later arising, and all Intellectual Property Rights that You may have in or to the Services, Derivative Works, and/or related Intellectual Property Rights; and (ii) agrees to take any lawful action that Company reasonably requests to vest or protect our right, title and interest therein. The term “Intellectual Property Rights” means any patent, patent applications, trade secret, trademark, copyright, industrial design, or any other intellectual property right registered or unregistered in any country throughout the world, and all related goodwill.

5. Copyright

A copyright owner or an agent thereof who believes that content infringes upon such copyright owner’s copyrights may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Empara’s Copyright Agent (identified below) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Copyright Agent to locate the material;

  • Information reasonably sufficient to permit the Copyright Agent to contact the owner or its agent, such as an address, telephone number, and, if available, an electronic mail address;

  • A statement that the owner has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  • A statement that the information in the notification is accurate, and under penalty of perjury, that the copyright owner or its agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Empara’s designated Copyright Agent to receive notifications of claimed infringement is:

 

Chief Legal Officer
10 Front Street
Collinsville, CT 06019


Email: support@Empara.io

NOTE: If the owner or its agent fails to comply with this section, the DMCA notice may not be valid.

 

6. Third-Party Information

Empara may contain links to third-party websites, services, offers, or other events or activities that are not owned or controlled by Empara. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any such third-party website, service, or content, you do so at your own risk and you agree that Empara will have no liability arising from your use of or access to any third-party website, service, or content. Without derogating from the foregoing, the Services may present, or otherwise allow you to view, access, link to, and/or interact with, text, data, information, reports, files, images, graphics, software code, compliance tools, cost calculating platforms, or other content from third parties and other sources that are not owned or controlled by us (“Third-party Materials“). The display or communication to you of such Third-party Materials does not (and shall not be construed to) in any way imply, suggest, or constitute any representation or warranty with respect to such Third-party Materials. We shall have no obligation or liability of any kind whatsoever for Third-party Materials or for the third-party’s policies, practices, actions, or omissions. We are not responsible, or liable to you for the data, information, content or accuracy (or inaccuracy) of the Third-party Material. Use of any Third-party Material shall be subject to the terms and conditions of such third-party.

 

7. Disclaimers

THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE RESULTS (AS DEFINED BELOW)), EMPARA CONTENT, OTHER SERVICES, ANY REPORTS OR OUTPUT GENERATED BY THE SERVICE, AS WELL AS ANY OTHER GOODS AND SERVICES PROVIDED OR MADE AVAILABLE BY OR ON BEHALF OF THE COMPANY HEREUNDER (COLLECTIVELY, THE “COMPANY MATERIALS“), AND ANY THIRD-PARTY MATERIALS ARE PROVIDED AND MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL DEFECTS, AND ALL EXPRESS, IMPLIED AND STATUTORY CONDITIONS AND WARRANTIES (INCLUDING WITHOUT LIMITATION ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET POSSESSION, NON-INFRINGEMENT, DATA ACCURACY, OR QUALITY OF SERVICE, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR USAGE OF TRADE) ARE HEREBY DISCLAIMED BY COMPANY AND ITS LICENSORS.

 

COMPANY DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION: (A) REGARDING THE EFFECTIVENESS, ACCURACY, USEFULNESS, RELIABILITY, TIMELINESS, COMPLETENESS, OR QUALITY OF COMPANY MATERIALS; (B) YOUR USE OF COMPANY MATERIALS WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE; (C) REGARDING THE OPERATION OF ANY CELLULAR NETWORKS, THE PASSING OR TRANSMISSION OF DATA VIA ANY NETWORKS OR THE CLOUD, OR ANY OTHER CELLULAR OR DATA CONNECTIVITY PROBLEMS; OR (D) REGARDING THE SATISFACTION OF, OR COMPLIANCE WITH, ANY LAWS, REGULATIONS, OR OTHER GOVERNMENT OR INDUSTRY RULES OR STANDARDS. COMPANY WILL NOT BE LIABLE OR OBLIGATED IN RESPECT OF DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR FOR ISSUES RELATED TO HOSTING PROVIDERS OR PUBLIC NETWORKS.

 

THE RECOMMENDATIONS ARISING FROM USE OF THE PLATFORM (THE “RESULTS”) ARE GENERATED BASED ON PRELIMINARY DATA PROVIDED BY YOU TO US AND ARE MEANT TO PROVIDE YOU WITH GENERAL INFORMATION ONLY. THE RESULTS SHOULD NOT BE SEEN AS A REPLACEMENT FOR ANY TYPE OF PROFESSIONAL ADVICE, INCLUDING BUT NOT LIMITED TO MEDIAL ADVICE. YOUR INSURANCE NEEDS MAY VARY FROM WHAT IS DESCRIBED IN THE RESULTS DUE TO FACTORS NOT CAPTURED IN OUR QUESTIONNAIRE, SUCH AS YOUR DEDUCTIBLE AMOUNTS, TERMS OF YOUR EMPLOYER-PROVIDED INSURANCE COVERAGE, INSURANCE CARRIERS INVOLVED, AND YOUR HEALTH HISTORY. THE RESULTS SHOULD NOT BE INTERPRETED AS ADVICE OR A RECOMMENDATION TO PURCHASE OR FORGO ANY INSURANCE PRODUCT WITHOUT CONDUCTING FURTHER RESEARCH ON YOUR OWN OR CONSULTING AN INSURANCE PROFESSIONAL. WE DO NOT PROVIDE ANY GUARANTEE, WHETHER EXPRESSED OR IMPLIED, REGARDING THE ACCURACY OF THE RESULTS.

 

THE PROVISIONS OF THIS SECTION AND OF SECTION ‎9 BELOW ALLOCATE THE RISK UNDER THESE TERMS OF USE BETWEEN YOU AND US, AND YOU AND US HAVE RELIED ON THESE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS OF USE.

 

8. Indemnification

You agree to indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities using Empara): (i) Your Content or your access to or use of Empara; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any Intellectual Property Right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Empara in the defense of any claim.

 

9. Disputes

For any dispute you have with Empara, the Services, or otherwise in connection with these Terms of Use, you agree to first contact us and attempt to resolve the dispute with us informally. If Empara has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms of Use by binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Empara agree otherwise, the arbitration will be conducted in Connecticut. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except as otherwise required by AAA rules or applicable law. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to Empara.

 

These Terms of Use shall be governed by the laws of the State of Delaware, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court or federal court located in Connecticut. EACH PARTY IRREVOCABLY WAIVES ITS RIGHT TO TRIAL OF ANY ISSUE BY JURY.

 

IN NO EVENT SHALL COMPANY, ITS AFFILIATES, OR LICENSORS BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH THESE TERMS OF USE FOR: (a) ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES; (b) ANY LOSS OF PROFITS, BUSINESS, OPPORTUNITY, REVENUE, CONTRACTS, ANTICIPATED SAVINGS, OR WASTED EXPENDITURE; (c) ANY LOSS OF, OR DAMAGE OR INTERRUPTION TO, DATA, NETWORKS, INFORMATION SYSTEMS, REPUTATION, OR GOODWILL; AND/OR (d) THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES.THE COMBINED AGGREGATE LIABILITY OF COMPANY AND ALL COMPANY AFFILIATES UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS OF USE SHALL NOT EXCEED ONE HUNDRED US DOLLARS (USD$100).

 

10. Term and Termination

a. Term of Agreement. These Terms of Use commence on the Effective Date and, unless terminated in accordance herewith, shall continue for the duration of the Subscription Term. “Effective Date” means the date on which you first accessed or used the Service.

 

b. Termination. These Terms of Use may be terminated as follows: (i) In accordance with any termination rights specified the Order; (ii) either party may terminate these Terms of Use for cause upon written notice if the other party commits a material breach under these Terms of Use, and fails to cure such breach within seven (7) days after receiving written notice from the other party alleging the breach. The foregoing 7-day cure period shall not be required if the breach is not curable; and/or (iii) Company may terminate these Terms of Use convenience upon seven (7) days’ prior written notice to you. 

 

c. Suspension. Company reserves the right to temporarily suspend provision of the Service: (a) if Company deems such suspension necessary as a result of your breach of the Subscription License (such as a breach under Section ‎2 (Acceptable Use)); (b) if Company reasonably determines suspension is necessary to avoid material harm to Company, to its other customers, or to the Service, including if the Service’s cloud infrastructure is experiencing denial of service attacks or other attacks or disruptions outside of Company’s control, or (c) as required by Law or at the request of governmental entities.

 

d. Effect of Termination; Survival. Upon termination of these Terms of Use for any reason: (a) the Subscription License shall automatically terminate; and (b) you shall cease all access and use of the Service, and Company shall be entitled to deactivate the Service) and certify in a signed writing that you have done so. You acknowledge that following termination you may have no further access to any of Your Content within the Service, and that Company shall be entitled to delete any of Your Content. Sections intended to do so shall survive termination of these Terms of Use, as shall any right, obligation or provision that is expressly stated to so survive or that ought by its nature to survive. Termination shall not affect any rights and obligations accrued as of the effective date of termination.

11. Miscellaneous

a.  Changes. From time to time, we may change these Terms of Use. We will provide notice to you if these changes are material. Notice may be by email to you at the last email address you provided us, by posting notice of such changes on our Platform, or otherwise as permitted by law. Your continued use of Empara following such notice constitutes your acceptance of such changes. If you do not agree to the new terms, we ask that you discontinue using Empara and deactivate your Account.

 

b. Assignment. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Empara without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

 

c. Entire Agreement/Severability. These Terms of Use constitute the entire agreement between you and Empara concerning the Services. If any provision of these Terms of Use is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Use will remain in full force and effect.

 

d. No Waiver. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

e. Limitation on Legal Action. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE THIS TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Any claims or damages that you may have against Company shall only be enforceable against Company, and not any other entity or Company’s officers, directors, representatives, employees, or agents.

 

If you have questions about these Terms of Use, you can contact us by email at support@Empara.io.

 

Last Revised: May, 2024